How to identify the crime of providing false documents
(A) the difference between this crime and perjury
1, the subject of the crime is different. The subject of forgery crime is the participants in criminal proceedings, including witnesses, experts, recorders and translators; The criminal subjects of this crime are mainly appraisers, certified public accountants and auditors engaged in asset appraisal, capital verification or verification.
2. The targets of crimes are different. The object of perjury is the personal rights of citizens and the normal activities of judicial organs; The object of this crime is the management of industrial and commercial enterprises by the state.
3. There are different behaviors in the objective aspect of crime. The crime of perjury is manifested in the investigation and trial of criminal cases, deliberately issuing false testimony, expert conclusions and translated documents. In this crime, the actor's behavior is that the false certification documents issued during the company's application for registration or capital verification and verification of the company's operation are also related to the establishment and operation of the company.
(two) the difference between this crime and the crime of forging, altering, buying or selling or stealing, robbing or destroying official documents, certificates and seals of state organs, enterprises, institutions and people's organizations.
1, the criminal object is different. This crime infringes on the state's management activities of industrial and commercial enterprises, and the object of infringement is the certification documents of the company's establishment or production and operation; The crime of obstructing official documents, certificates and seals infringes on the normal management activities and reputation of state organs, enterprises, institutions and people's organizations, and the object of the crime is official documents, certificates and seals.
2. The objective aspects of crime are different. This crime shows that the person or unit responsible for asset appraisal, capital verification, verification and audit intentionally provides false documents, which is a serious act. It means that the authorized manufacturer has issued an untrue document; The latter is manifested in the act of forging, altering or stealing, robbing or destroying official documents, certificates and seals, that is, the producer has no right to make untrue official documents, certificates and seals.
3. The subject of crime is different. The subject of this crime is a special subject, and the actor must have a certain identity to constitute it. Specifically, its main body is the personnel or units of intermediary institutions that undertake the responsibilities of asset evaluation, capital verification, verification, accounting, auditing and legal services, including both natural persons and units; The subject of post-crime is the general subject, that is, anyone who has reached the legal age and has the ability of criminal responsibility can constitute it, and its subject is a natural person, excluding the unit.
What is the role of lawyers in different stages of criminal cases?
Criminal cases are divided into three stages: public security investigation stage, examination and prosecution stage and court trial stage.
1, investigation stage:
Criminal suspects are held in detention centers, and relatives are generally not allowed to meet.
Lawyers can:
1) to meet, convey the information of both parties within the scope allowed by the lawyer, and appease the frightened criminal suspect;
2) provide legal advice;
3) Apply for bail pending trial, etc.
2, review and prosecution stage:
Lawyers can apply for marking papers, understand the specific case, what evidence the judicial organs have, and formulate defense strategies in time.
3. Trial stage: This is the most critical stage.
Lawyers implement defense strategies according to the case, argue with public prosecution agencies, and persuade judges to adopt their own defense opinions through facts and laws, so as to make the trial develop in favor of the criminal suspect and strive for innocence or lighter punishment for the criminal suspect.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 229th of the Criminal Code of People's Republic of China (PRC).
Personnel in charge of intermediary agencies such as asset evaluation, capital verification, verification, accounting, auditing, legal services, sponsorship, safety evaluation, environmental impact assessment and environmental monitoring. Intentionally providing false documents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined: (1) Providing false asset appraisal, accounting, auditing, legal services, sponsorship and other documents related to securities issuance, if the circumstances are particularly serious; (2) Providing false asset appraisal, accounting, auditing and other supporting documents related to major asset transactions, if the circumstances are particularly serious; (3) Providing false documents such as safety assessment and environmental impact assessment in major projects and projects involving public safety, thus causing particularly heavy losses to public property and the interests of the state and people. Whoever commits the acts mentioned in the preceding paragraph and extorts or illegally accepts other people's property, which constitutes a crime, shall be convicted and punished in accordance with the provisions of heavier punishment. If the personnel specified in the first paragraph are seriously irresponsible and the documents issued are seriously inaccurate, thus causing serious consequences, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.